2006-272
S:\Our Documents\Ordinances\06\Towing Fee OrdinanccSection 18-1 04_2.doc
.,
ORDINANCE NO. 2. ~06 - 2.12,
"
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ARTICLE IV
ENTITLED "STOPPING, STANDING, AND P ARKlNG" OF THE MOTOR VEHICLES AND
TRAFFIC CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS
BY AMENDING SECTION 18-104(a) RELATING TO STORAGE AND IMPOUNDMENT
FEES FOR IMPOUNDED VEHICLES BY INCREASING THE TOWING, STORAGE,
,
IMPOUND AND NOTIFICATION FEES; BY ADDING THE FEE FOR THE USE OF
DOLLIES; AMENDING ARTICLE IV ENTITLED "POLICE-INITIATED TOWING
SERVICES" OF THE POLICE CHAPTER OF THE CODE OF ORDINANCES OF THE CITY
OF DENTON, TEXAS BY AMENDING SECTION 23-87 TO ESTABLISH THE ANNUAL
PERMIT FEE AND TO CITE SECTION 18-104 AS THE SOURCE FOR ALL OTHER POLICE-
INITIATED TOWING FEES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR
VIOLATIONS OF THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to increase these fees; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SFrnON 1. Section 18-104 of the Code of Ordinances of the City of Denton, Texas is
hereby amended to read as follows:
Sec. 18-104. Impoundment of standing or parked vehicles.
(a) A vehicle removed and towed under the authority of Vernon's Texas Transportation
Code Annotated, Section 545.305 shall be kept at the place designated by the police department
until application for redemption is made by the owner or his authorized agent or other person
legally entitled to possession of the vehicle. The police department shall require adequate proof of
ownership or proof of the right to possession of the vehicle. The fees set forth below are also
applicable to vehicles towed by towing companies pursuant to Chapter 23, Article IV, of this code
of ordinances. The fees for towing and storage of vehicles are as follows:
(I) Towing F~~<. The towing fee shall be one hundred dollars ($100.00).
(2) Stor"g~ f~~<. Storage fees for any vehicle twenty-five feet in length or less
shall be twenty dollars ($20.00) per day, or any part of a day, after the first twenty-
four hours. Storage fees for any vehicle more than twenty-five feet in length shall
be thirty-five dollars ($35.00) per day, or any part of a day, after the first twenty-four
hours.
(3) Impmmd f~~. The impoundment fee shall be twenty dollars ($20.00) and
maybe assessed pursuant to Section 2303.155 ofthe Texas Occupations Code.
(4) Notific"tion f~~. The notification fee for any towed vehicles registered in
the State of Texas shall be fifty dollars ($50.00) and shall be charged to the
S \Our Documents\Ordmances\06\Towmg Fcc OrdmanceSectlOnl8-104 2 doc
registered owner of the vehicle. Notification will be sent to the vehicle's last
registered owner and all recorded lienholders by certified or registered mail no
sooner than twenty-four hours after receipt of the vehicle and no later than five days
after receipt of the vehicle.
(5) Fee for ciollies. If dollies are used to tow a vehicle, a fee of $30.00 maybe
charged.
(6) Miscelbneolls fees Unless specifically listed by local rules established
under the authority of the director given to him by Section 23-82 of Ordinance
2006-174, any miscellaneous tow service fees should be listed with the Texas
Department of Transportation.
(b) Whenever the police department takes into custody a vehicle removed from the
streets under the authority of this section, it shall attempt to ascertain the name and last known
address of the registered owner as provided by the state department of highways and public
transportation, and if the vehicle impounded' has not been reclaimed within twenty-four (24)
hours of the time of its impoundment, the police department shall notify, by certified mail, return
receipt requested, the last known owner of thb vehicle and all lienholders of record pursuant to
the Certificate of Title Act, Vernon's Ann. Civ. St. art. 6687-1, that the vehicle has been taken
into custody. The notice shall be as provided i~ section 20-43 of this Code.
(c) It shall be unlawful for any person to remove or attempt to remove a vehicle from
a city pound location without first paying the towing and storage fees which have accrued on the
vehicle.
(d) Upon payment of all towing and storage fees, a vehicle impounded by the police
department pursuant to the enforcement of the provisions of this Code may be released to the
lienholder or his authorized agent holding a valid and existing mortgage lien on the vehicle
impounded, provided the mortgage lienholder complies with the following requirements:
(J) Furnish the police department, for its inspection:
,
a. The mortgage lien contract or a certified copy thereof specif'ying
that upon default of the mortgagor the mortgagee is entitled to possession
of such vehicle;
b. The certificate of title with the lien appearing thereon.
(2) Furnish to the police department an affidavit stating that he holds a lien on
the vehicle impounded, that the mortgagor has defaulted, that the mortgage
lienholder desires possession and is entitled to possession of such vehicle under a
valid court order and agrees to' indemnify and hold harmless the city, its police
department and its employees or agents upon delivery to him of the vehicle.
( e) The city shall refund all towing and storage fees to the registered owner or
lienholder or other person legally entitled to possession of the vehicle if the municipal court or
other court of competent jurisdiction determines that the impoundment of the vehicle was
improper. Application for a refund shall be on forms prepared by the city attorney's office.
(I) When a vehicle is authorized to be towed away, the police department shall keep
Page 2 of 4
S:\Our Documents\Ordinances\06\Towing Fee OrdinanceSection 18-1 04_2.doc
and maintain a record of the vehicle towed, listing the color, year, make, model, vehicle
identification number and license plate number and year displayed on the vehicle. The record
shalJ also include the date of tow, by what commercial towing service, location towed from,
location towed to, reason for towing, the name of the officer authorizing the tow and copies of all
notices to owners or lienholders.
SFrTTON ? Section 23-87 of the Code of Ordinances of the City of Denton, Texas is
hereby amended to read as folJows:
Sec. 23-87. Fees charged; bills.
Once a towing company's application has been approved consistent with Ordinance 2006-
174 and City of Denton Police department practice, the one time application fee of$150 shall serve
as the permit fee for the first year. Subsequent years will require ad additional payment of$150 per
year for each towing company. All other applicable fees which may be charged by the towing
company are set forth in Section 18-104. '
SFrTTON ,. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to
this end the provisions of this ordinance are severable.
SFrnON 4. All provisions of the ordinances of the City of Denton in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the
City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and
effect.
sprTION <; Any person found guilty of violating this ordinance by a court of competent
jurisdiction shall be fined a sum not to exceed $500 per day.
I
SFrTTON Ii This Ordinance shall become effective on October 1, 2006 or fourteen (14)
days from the date of its passage, whichever is later, and the City Secretary is hereby directed to
cause the caption of this Ordinance to be published twice in the Denton Record-Chronicle, the
official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the 2(0 -d1day of 50fe OJ h~r
I
,2006.
a 6{. YJ1;-lLdP
P~R.MCNE~L,MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY,
S \Our Documcnts\Ordmances\06\Towlng Fee OldmanceScctlonl8-104 2.doc
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
BY:
Page 4 of 4